By Tanya Metaksa
What’s New— On the heels of the SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen, all four lawsuits that were being held by the court, have been given a GVR order; Arizona: the legislature has adjourned; California: Gov. Newsom has signed two bills while six more are awaiting his consideration. Additionally it has come to light that the Attorney General’s office has allowed a leak of a “massive list of gun owners and their personal information.” Delaware: Gov Carney signed all six gun bills that passed the legislature within the past 2 weeks; then the legislature adjourned; New Jersey: Despite the SCOTUS decision in NYSRPA v. Bruen, the NJ Democrat legislators moved 7 gun bills through both Houses that will be signed by Gov. Phil Murphy. New York: the legislature met in an extraordinary session to pass a law that will “counter” the NYSRPA v. Bruen decision.
Biden-Harris Administration
Dettelbach nomination: On June 16, the Senate voted 52-41 to bring the Dettelbach nomination to head ATF up for a vote in the U.S. Senate. The Senate is in pro forma sessions until after the Fourth of July holiday. A final vote on Dettelbach will probably be scheduled when the Senate returns from its Fourth of July recess and he will become the first confirmed Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in seven years.
2021 – 2022 Congressional Activity
BiPartisan Safer Communities Act The US media has been pushing for another federal “gun bill” for a long, long time. Supported by a growing number of professional agitators against the Second Amendment they succeeded in passing a bill that met the criteria of “doing something” after two school shooting shocked the nation. A group of 20 Senators, 10 Democrats and 10 Republicans brokered a “deal” that passed an 80-page bill in less than a week. There were no hearings, no committee meetings, and the Senators had less than 35 hours to read, question the final proposal and propose amendments that were overridden. Most of the bill includes funding for mental health proposals that may or may not help the growing mental health crisis. The three areas that gun owners should be concerned about are the federal government’s support of state sponsored red flag laws, the stripping of constitutional rights from American citizens between the ages of 18-21, and the Brady law expansion in the area of persons rejected by the National Instant Check System (NICS).
The bill passed the Senate with the help of 15 Republican Senators, none of whom are up for reelection in 2022, and with 14 Republicans supporting it in the House. President Biden quickly signed it on Saturday, June 25, less than 24 hours after it had passed the House. Dave Workman covered the reaction by many pro-gun groups in this article.
2022 Politics
There are no primaries scheduled for July but August 2 includes Arizona, Kansas, Michigan, Missouri and Washington. On August 4 Tennessee will hold its primary.
The NRA/PVF has endorsed Republican Derek Schmidt in the Kansas Republican primary election. Schmidt, as the Kansas Attorney General, signed “friend of the court” briefs an several Second Amendment cases.
In the June 28 races the following were of interest to gun owners: Rep. Lauren Boebert (CO-3)easily won her primary—Boebert, a staunch pro-gun Republican, owns a restaurant named “Shooters” located in Rifle, CO; in IL-15 Rep. Mary Miller, a Trump supported candidate, won by 15 points.
Alaska: A special election on August 16 has been certified by the Alaska Division of Elections. The top three candidates who will be on the ballot are Sarah Palin (R), Nick Begich (R) and Mary Peltola (D).
State Legislatures
Arizona: The legislature adjourned on June 25. SB1177, mandating that the Dept. of Public Safety send out a renewal application to all Right-to-Carry permittees at least 60 days before expiration has passed both Houses and is on its way to Gov. Ducey.
California: The worst news for California gun owners is that a breech of the state’s databases of gun owners has made public the personal information of perhaps “hundred of thousands of gun owners.” Gov Newsom signed AB1621, that has modified the definition of precursor parts and requires serial numbers on them as well as including precursor parts in the definition of “firearm”. AB1621 also prohibits the possession of milling machines that are used solely for manufacturing firearms. He also signed AB2571 that bans advertising and marketing of firearms or ammunition in a manner that is “attractive to minors.” Both bills became effective upon signing. The legislature also passed: AB311, prohibiting the display or sale of precursor parts at gun show on Del Mar Fairgrounds; AB1594, allows private lawsuits against firearm industry members; AB1769, bans gun shows at the Ventura County Fair; AB2156, prohibiting 3D printing of firearms parts and reducing the number of firearms that can be manufacture to 3 per year; SB915, banning gun shows from any property that has a connection to the state; and SB1327, allows individuals to file civil suits against anyone who is involved in selling banned firearms or firearm parts. These bills will be on the Governor’s desk shortly. Wait there’s more: The following committees are still considering more bills: Assembly Appropriations Committee has scheduled a hearing on SB918 for August 3. The Senate Public Safety Committee passed AB1227, placing an excise tax of 10% on handguns and 11% on long guns, precursor parts and ammunition, and AB2870, expands the gun violence restraining order to include almost anyone. The Assembly Judiciary Committee passed SB505, a gun insurance mandate bill.
Delaware: Gov. Carney signed SB6, a magazine ban, HB450, a so-called “assault weapons” ban and SB302, allowing lawsuits against the firearm industry, that had been passed during the week of June 20th and he also signed HB451, raising age for purchase of a firearm to 21, HB423, reimplementing a Delaware Firearm Transaction Program, and SB8, bans devices to make handguns fully automatic. which were passed last week.
Indiana: Two Lake County council members have proposed an ordinance to ban sales of “AR-15s” at gun show held at the Lake County fairgrounds. The next council meeting will be July 12, 2022.
New Hampshire: Gov. Chris Sununu signed HB1636. allowing the carrying of a loaded firearm on an ATV .
New Jersey: The following bills were passed by the legislature this past Thursday and Friday: A.1302, an ammunition registration bill, A.1765, promoting lawsuits against firearms manufacturers, A.4368, mandating microstamping of cartridges, A.4370, requiring mandatory training for a Firearms ID card, S.1204, requiring gun registration of all new residents, S.2846, possession of previously legal gun kits now becomes a felony, and S.2905, a ban on .50 Caliber BMG. Gov. Phil Murphy is expected to sign them all.
New York:The legislature met in special session to pass a bill that essentially made the entire state a “gun free zone.” The entire session was run by the Democrats and Sen. Robert Jackson (D-Washington Heights) summed up the session when he said the reason for the gun bill was to “counter” the US Supreme Court. Gov. Kathy Hochul tweeted out the list of “sensitive locations where concealed weapons are banned”.
Judicial
Cases are grouped by court venue. New cases are added as they develop and some of these cases will be removed from this report if there is inactivity for a period of time. We will try and follow those cases that are active and impact the most gun owners.
US Supreme Court (SCOTUS)
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: —In the first gun rights case in over a decade—on June 23, 2022 SCOTUS handed down their decision in this case. By a 6-3 verdict Justice Clarence Thomas wrote that the Second Amendment is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”
Petitions before SCOTUS requesting certiorari that were postponed awaiting this decision are GOA v. Garland, Duncan v. Bonta,Dominic Bianchi et al. v. Brian E. Frosh et al., and Aposhian v. Garland. All four of these cases have been “granted certiorari”, ‘vacated”, and then remanded (sent back) to the lower court to be relitigated due to the decision in NYSRPA v. Bruen. Known as GVR. Dave Workman covers the decision.
Non-SCOTUS Federal cases
National Shooting Sports Foundation v. Letitia James: This case deals with the enactment of a law to hold the gun industry civilly liable for “public nuisances.” NSSF filed this case on Dec. 16, 2021.
Rare Breed Triggers v. Garland:This case was filed in Aug 2021 and sought a preliminary injunction to stop ATF from taking action against Rare Breed Triggers. A judge in denied the request and the case continues.
Grey Wolves Litigation: Returning the management of gray wolves to the states and delisting them as endangered is now in the US District Court Northern District of California. A decision by a judge vacated the Interior Department 2020 ruling. The State of Utah, NRA and SCI have appealed that decision to the Ninth Circuit Court of Appeals on April 11.
All firearms cases before the Ninth Circuit Court of Appeals (CA and west coast) have been put on hold until after the SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen has been published. That includes Duncan v. Bonta and Miller v. Bonta:
Ban on firearms for citizens ages 18-21 in federal court
Jones v. Bonta: This case name was changed when former CA AG Becerra left his position in CA. It was formerly Jones v. Becerra. “The panel held that California’s ban was a severe burden on the core Second Amendment right of self- defense in the home.” Although California has not yet appealed to an “en banc” panel, this has been the manner in which the Ninth District Court of Appeals has upheld California’s draconian gun laws. We anticipate an appeal.
NRA v. Swearingen: On appeal to the US District Court in Tallahassee, FL oral arguments were held on March 24. The opening brief by the NRA was filed on Aug. 17, 2021 before the US Court of Appeal for the Seventh Circuit. This is a case that deals with the age of majority. U.S. District Judge for the Northern District Mark E. Walker wrote a strange opinion in which he he stated, “for better or worse” he was precluded from ruling any way other than upholding the law.
State cases
Firearms Owners et.al v. City of Pittsburgh: A case brought by Firearms Policy Coalition against the city of Pittsburgh based on the Pennsylvania preemption statute. It was decided 2-1 in favor of plaintiffs. Immediately the mayor of Philadelphia announced it would be appealed to the Pennsylvania Supreme Court.
Daniel Doubek v. Joshua Kaul: The Wisconsin Supreme Court ruled on a case where Daniel Doubek had his Right-to-Carry permit revoked because of a prior misdemeanor conviction. A unanimous opinion reversed the lower count order.“DOJ improperly revoked Doubek’s CCW license based on its incorrect view that Doubek was prohibited from possessing firearms under federal law. We reverse the circuit court’s decision affirming the revocation and remand to the circuit court to provide Doubek the appropriate relief.”
GOA v. Sheriff Garry McFadden:In 2021 this lawsuit was filed after people experienced illegal delays in attempting to get Right-to-Carry permits in Mecklenburg County, NC. WSCOTV reported that “Defendant McFadden’s custom, policy, and practice of refusing to timely issue pistol purchase permits and concealed handgun permits” … violates the … “North Carolina Constitution because the Sheriff’s actions infringe on the right ‘of the people’ to keep and bear arms, rights that ‘shall not be infringed,’” according to the lawsuit.” As a result the Sheriff’s office has stated that fingerprinting will be available on a first come, first serve basis.
Edmonds v. Bass: The Washington State Supreme Court ruled this past week on the city of Edmonds appeal from the Bass v. Edmonds. The Supreme Court upheld the decision by the Washington Court of Appeals that the city of Edmonds had violated the Washington state preemption law. Thus the ordinance requiring that guns be locked up and kept out of unauthorized hands is no longer applicable. This will certainly affect the ongoing case regarding a similar ordinance passed by the city of Seattle.
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: On Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. Finally an oral hearing was held by the IL Supreme Court in March. No timetable has been issued for a decision.
